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15 U.S.C. § 792 — Coal conversion and allocation

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 792 — Coal conversion and allocation

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Source location: Title 15, Chapter 16C, § 792; chapter-16c-energy-supply-and-environmental-coordination.md

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**(a) Powerplant and fuel burning installations** The Federal Energy Administrator— (1) shall, by order, prohibit any powerplant, and (2) may, by order, prohibit any major fuel burning installation, other than a powerplant, from burning natural gas or petroleum products as its primary energy source, if the requirements of subsection (b) are met and if (A) the Federal Energy Administrator determines such powerplant or installation on June 22, 1974, had, or thereafter acquires or is designed with, the capability and necessary plant equipment to burn coal, or (B) such powerplant or installation is required to meet a design or construction requirement under subsection (c). **(b) Prerequisites to issuance or effectiveness of orders prohibiting use of natural gas or petroleum products as primary energy source** The requirements referred to in subsection (a) are as follows: (1) An order under subsection (a) may not be issued with respect to a powerplant or installation unless the Federal Energy Administrator finds (A) that the burning of coal by such plant or installation, in lieu of petroleum products or natural gas, is practicable and consistent with the purposes of this chapter, (B) that coal and coal transportation facilities will be available during the period the order is in effect, and (C) in the case of a powerplant, that the prohibition under subsection (a) will not impair the reliability of service in the area served by such plant. Such an order shall be rescinded or modified to the extent the Federal Energy Administrator determines that any requirement described in subparagraph (A), (B), or (C) of this paragraph is no longer met; and such an order may at any time be modified if the Federal Energy Administrator determines that such order, as modified, complies with the requirements of this section. (2) (A) Before issuing an order under subsection (a) which is applicable to a powerplant or installation for a period ending on or before June 30, 1975, the Federal Energy Administrator (i) shall give notice to the public and afford interested persons an opportunity for written presentations of data, views, and arguments, (ii) shall consult with the Administrator of the Environmental Protection Agency, and (iii) shall take into account the likelihood that the powerplant or installation will be permitted to burn coal after June 30, 1975. (B) An order described in subparagraph (A) of this paragraph shall not become effective until the date which the Administrator of the Environmental Protection Agency certifies pursuant to section 1857c–10(d)(1)(A) 11 See References in Text note below. of title 42 is the earliest date that such plant or installation will be able to comply with the air pollution requirements which will be applicable to it. Such order shall not be effective for any period certified by the Administrator of the Environmental Protection Agency pursuant to section 1857c–10(d)(3)(B) 1 of title 42. (3) (A) Before issuing an order under subsection (a) which is applicable to a powerplant or installation after June 30, 1975 (or modifying an order to which paragraph (2) applies, so as to apply such order to a powerplant or installation after such date), the Federal Energy Administrator shall give notice to the public and afford interested persons an opportunity for oral and written presentations of data, views, and arguments. (B) An order (or modification thereof) described in subparagraph (A) of this paragraph shall not become effective until (i) the Administrator of the Environmental Protection Agency notifies the Federal Energy Administrator under section 1857c–10(d)(1)(B) 1 of title 42 that such plant or installation will be able on and after July 1, 1975, to burn coal and to comply with all applicable air pollution requirements without a compliance date extension under section 1857c–10(c) 1 of title 42, or (ii) if such notification is not given, the date which the Administrator of the Environmental Protection Agency certifies pursuant to section 1857c–10(d)(1)(B) 1 of title 42 is the earliest date that such plant or installation will be able to comply with all applicable requirements of such 1857c–10 1 of title 42. Such order (or modification) shall not be effective during any period certified by the Administrator of the Environmental Protection Agency under section 1857c–10(d)(3)(B) 1 of title 42. **(c) Construction and design of powerplants or other major fuel burning installations** The Federal Energy Administrator may require that any powerplant or other major fuel burning installation in the early planning process (other than a combustion gas turbine or combined cycle unit) be designed and constructed so as to be capable of using coal as its primary energy source. No powerplant or other major fuel burning installation may be required under this subsection to be so designed and constructed, if the Administrator determines that (1) in the case of a powerplant to do so is likely to result in an impairment of reliability or adequacy of service, or (2) an adequate and reliable supply of coal is not expected to be available. In considering whether to impose a design and construction requirement under this subsection, the Federal Energy Administrator shall consider the existence and effects of any contractual commitment for the construction of such facilities and the capability of the owner to recover any capital investment made as a result of any requirement imposed under this subsection. **(d) Allocation of coal** The Federal Energy Administrator may, by rule or order, allocate coal (1) to any powerplant or major fuel-burning installation to which an order under subsection (a) has been issued, or (2) to any other person to the extent necessary to carry out the purposes of this chapter. **(e) Definitions** For purposes of this section: (1) The term “powerplant” means a fossil-fuel fired electric generating unit which produces electric power for purposes of sale or exchange. (2) The term “coal” includes coal derivatives. **(f) Expiration of authority; effective dates** (1) Authority to issue orders or rules under subsections (a) through (d) of this section shall expire at midnight, December 31, 1978. Such a rule or order may take effect at any time before January 1, 1985. (2) Authority to amend, repeal, rescind, modify, or enforce such rules or orders shall expire at midnight, December 31, 1984; but the expiration of such authority shall not affect any administrative or judicial proceeding which relates to any act or omission which occurred prior to January 1, 1985.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 791 — Congressional declaration of purpose

The purposes of this chapter are (1) to provide for a means to assist in meeting the essential needs of the United States for fuels, in a manner which is consistent, to the fullest extent practicable, with existing national commitments to protect and improve the environment, and (2) to provide requirements for reports respecting energy resources.

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42 U.S.C. § 7413 — Federal enforcement

**(a) In general** (1) **Order to comply with SIP** — Whenever, on the basis of any information available to the Administrator, the Administrator finds that any person has violated or is in violation of any requirement or prohibition of an applicable implementation plan or permit, the Administrator shall notify the person and the State in which the plan applies of such finding. At any time after the expiration of 30 days following the date on which such notice of a violation is issued, the Administrator may, without regard to the period of violation (subject to [section 2462 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2462&num=0&edition=prelim))— (A) issue an order requiring such person to comply with the requirements or prohibitions of such plan or permit, (B) issue an administrative penalty order in accordance with subsection (d), or (C) bring a civil action in accordance with subsection (b). (2) **State failure to enforce SIP or permit program** — Whenever, on the basis of information available to the Administrator, the Administrator finds that violations of an applicable implementation plan or an approved permit program under subchapter V are so widespread that such violations appear to result from a failure of the State in which the plan or permit program applies to enforce the plan or permit program effectively, the Administrator shall so notify the State. In the case of a permit program, the notice shall be made in accordance with subchapter V. If the Administrator finds such failure extends beyond the 30th day after such notice (90 days in the case of such permit program), the Administrator shall give public notice of such finding. During the period beginning with such public notice and ending when such Sta

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42 U.S.C. § 1857c–10 — Repealed. Pub. L. 95–95, title I, § 112(b)(1), Aug. 7, 1977, 91 Stat. 709

### Statutory Notes Section, act July 14, 1955, ch. 360, title I, § 119, as added June 22, 1974, Pub. L. 93–319, § 3, 88 Stat. 248, related to the authority of the Administrator of the Environmental Protection Agency to deal with energy shortages. See [section 7413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7413&num=0&edition=prelim). References to section 1857c–10 appearing in [section 792 of Title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792&num=0&edition=prelim), Commerce and Trade, shall be construed to refer to [section 7413(d) of Title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7413/d&num=0&edition=prelim), The Public Health and Welfare, see Compliance Orders note set out under [section 792 of Title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792&num=0&edition=prelim). #### Effective Date of Repeal Repeal effective Aug. 7, 1977, see section 406 of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 793 — Protection of public health and environment

**(a) Distribution of low sulfur fuel** Any allocation program provided for in [section 792 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792&num=0&edition=prelim) or in the Emergency Petroleum Allocation Act of 1973 [[15 U.S.C. 751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section751&num=0&edition=prelim) et seq.],11 See References in Text note below. shall, to the maximum extent practicable, include measures to assure that available low sulfur fuel will be distributed on a priority basis to those areas of the United States designated by the Administrator of the Environmental Protection Agency as requiring low sulfur fuel to avoid or minimize adverse impact on public health. **(b) Study of chronic effects of sulfur oxide emissions among exposed populations** In order to determine the health effects of emissions of sulfur oxides to the air resulting from any conversions to burning coal to which section 119 1 of the Clean Air Act [[42 U.S.C. 1857c–10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1857c–10&num=0&edition=prelim)] applies, the Department of Health and Human Services shall, through the National Institute of Environmental Health Sciences and in cooperation with the Environmental Protection Agency, conduct a study of chronic effects among exposed populations. The sum of $3,500,000 is authorized to be appropriated for such a study. In order to assure that long-term studies can be conducted without interruption, such sums as are appropriated shall be available until expended. **(c) Major Federal actions significantly affecting the quality of the human environment** (1) No action taken under the Clean Air Act [[42 U.S.C. 7401](https://uscode.house.gov/view.xh

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 797 — Enforcement

**(a) Violations** It shall be unlawful for any person to violate any provision of [section 792 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792&num=0&edition=prelim) (relating to coal conversion and allocation) or [section 796 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section796&num=0&edition=prelim) (relating to energy information) or to violate any rule, regulation, or order issued pursuant to any such provision. **(b) Penalties; injunctions; declaratory judgments** (1) Whoever violates any provision of subsection (a) shall be subject to a civil penalty of not more than $2,500 for each violation. (2) Whoever willfully violates any provision of subsection (a) shall be fined not more than $5,000 for each violation. (3) It shall be unlawful for any person to offer for sale or distribute in commerce any coal in violation of an order or regulation issued pursuant to [section 792(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792/d&num=0&edition=prelim). Any person who knowingly and willfully violates this paragraph after having been subjected to a civil penalty for a prior violation of the same provision of any order or regulation issued pursuant to [section 792(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792/d&num=0&edition=prelim) shall be fined not more than $50,000, or imprisoned not more than six months, or both. (4) Whenever it appears to the Federal Energy Administrator or any person authorized by the Federal Energy Administrator to exercise authority under [section 792 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792&num=0&edition=p

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15 U.S.C. § 798 — Definitions

**(a)** For purposes of this chapter and the Clean Air Act [[42 U.S.C. 7401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim) et seq.] the term “Federal Energy Administrator” means the Administrator of the Federal Energy Administration established by Federal Energy Administration Act of 1974 [[15 U.S.C. 761](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section761&num=0&edition=prelim) et seq.]; except that until such Administrator takes office and after such Administration ceases to exist, such term means any officer of the United States designated as Federal Energy Administrator by the President for purposes of this chapter and section 119 11 See References in Text note below. of the Clean Air Act [[42 U.S.C. 1857c–10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1857c–10&num=0&edition=prelim)]. **(b)** For purposes of this chapter, the term “petroleum product” means crude oil, residual fuel oil, or any refined petroleum product (as defined in section 752(5) 1 of this title).

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42 U.S.C. § 7401 — Congressional findings and declaration of purpose

**(a) Findings** The Congress finds— (1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States; (2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation; (3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and (4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution. **(b) Declaration** The purposes of this subchapter are— (1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population; (2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution; (3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and (4) to encourage and assist the development and operation of regional air pollution prevention and control programs. **(c) Pollution prevention** A prim

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 8402 — Loans to assist powerplant acquisitions of air pollution control equipment

**(a) Authority to make loans** The Secretary may, in accordance with the provisions of this section and such rules and regulations as he shall prescribe, make a loan (and may make a commitment to loan) to any person who owns or operates any existing electric powerplant converting to coal or other alternate fuel as its primary energy source after the effective date of this chapter for the purpose of financing the purchase and installation of one or more certified air pollution control devices for such electric powerplant. **(b) Limitations and conditions** A loan made under this section shall— (1) not exceed two-thirds of the cost of purchasing and installing the certified air pollution control devices; (2) have a maturity date not extending beyond 10 years after the date such loan is made; (3) bear interest at a rate not less than (A) a rate determined by the Secretary of the Treasury, taking into consideration the average market yield of outstanding Treasury obligations of comparable maturity, plus (B) 1 percent; (4) be made on the condition of payment to the Secretary of a loan fee in an amount equal to (A) such insurance fee as the Secretary determines is necessary to avoid a Federal revenue loss under this section, plus (B) 1 percent of the loan amount; and (5) be made only if the Secretary finds that— (A) the financial assistance applied for is not otherwise available from other Federal agencies; (B) the applicant is unable to obtain sufficient funds on reasonable terms and conditions from any other source; (C) there is continued reasonable assurance of full repayment of the principal, interest, and fees; and (D) competition among private entities for the provision of air pollution control devices for electric powerplants using coal as their prim

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 8461 — Authorization of appropriations

There is authorized to be appropriated to the Secretary for fiscal year 1979 $11,900,000, to carry out the provisions of this chapter (other than provisions for which an appropriations authorization is otherwise expressly provided in this chapter) and [section 792 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792&num=0&edition=prelim).

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42 U.S.C. § 8472 — Effect of orders under [section 792 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792&num=0&edition=prelim)

**(a) Effect of construction orders** Any electric powerplant or major fuel-burning installation issued an order pursuant to [section 792(c) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792/c&num=0&edition=prelim) that is pending on the effective date of this chapter shall, notwithstanding the provisions of such section 792(c) or any other provision of this chapter, be subject to the provisions of this chapter as if it were a new electric powerplant or new major fuel-burning installation, as the case may be, except that if such order became final before such date, the provisions of subchapter II of this chapter shall not apply to such powerplant or installation. **(b) Effect of prohibition orders** The provisions of subchapters II and III shall not apply to any powerplant or installation for which an order issued pursuant to [section 792(a) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792/a&num=0&edition=prelim) before the effective date of this chapter is pending or final or which, on review, was held unlawful and set aside on the merits; except that any installation issued such an order under such section 792(a) which is pending on the effective date of this chapter may elect to be covered by subchapter II or III (as the case may be) rather than such section 792. Such an election shall be irrevocable and shall be made in such form and manner as the Secretary shall, within 90 days after November 9, 1978, prescribe. Such an election shall be made not later than 60 days after the date on which the Secretary prescribes the form and manner of making such election. **(c) Validity of orders** The preceding provisions of this chapter shall not affect the validity of any order issued unde

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